Must a non-Muslim residing in the Abode of Islam under a security pact pay the Jizyah (poll tax) if the duration is not restricted?
General Chapter
Al-Mughni
Book of Jihad
Primary text
There is a difference of opinion regarding whether a non-Muslim granted residence without an explicit time limit must pay the Jizyah. Al-Qadi stated that they may remain during the truce period without paying Jizyah. This aligns with the apparent position of Ahmad, who responded when told Al-Awza'i held that a non-Muslim cannot remain in the Abode of Islam unless he converts or pays Jizyah, stating, "If you grant him security, he remains according to what you secured him for." This suggests a difference from Al-Awza'i's opinion. The view supporting non-payment reasons that this is a non-believer permitted residency without obligating Jizyah, similar to women and children. They also argue that if the messenger, from whom Jizyah cannot be taken, is allowed residence for a period less than a year without Jizyah, then allowing residence for a year or less without Jizyah is equivalent based on analogy.
Supporting text
Abu al-Khattab holds that residence for a year without Jizyah is not permissible. This view is also held by Al-Awza'i and Al-Shafi'i, based on the verse, {until they give the Jizyah out of hand while they are humbled} (Quran 9:29). Proponents of the non-payment view interpret the verse {until they give the Jizyah} (Quran 9:29) as meaning they must commit to paying it, not necessarily the immediate physical payment, noting that the verse is universally considered specific regarding immediate payment, as temporary residency without commitment to Jizyah is permissible.